The first thing to keep in mind, if you are trying to understand whether the loan is valid, is to find that the loan is a valid contract under the Indian Contract Act, 1872, that is, it must be a legally enforceable agreement. The employment contract concluded with the negative agreement is valid and legally applicable if the parties agree with their free consent, i.e. without violence, coercion, undue influence, misrepresentation and error. Since a work obligation must be a valid contract, there must be an offer from an employer and the acceptance of this offer by an employee. Below is an example of a federal law on service agreements: in general, a service contract should contain: the law on trademarks and trademarks of goods only allows the registration of trademarks used in the context of goods. service marks or marks that are only used in relation to services, for example. B the names of travel agencies, financial companies, airlines. The obligation to work is not applicable if it is unilateral, ruthless or inappropriate. It is therefore important to be careful in establishing the employment relationship, as it is imperative that the conditions set out in the employment relationship, including the duration of the compulsory employment and the amount of the penalty, are proportionate for it to be valid under Indian law.
The term “appropriate” is not defined in the legislation and, therefore, the meaning must be determined on a case-by-case basis based on the related issues and circumstances of the case. There are different types of service contracts. For example, General Service Agreement (an agreement between a contractor and real estate or business owner for the provision of services such as gardening and repair); Consultant Services Agreement (an agreement between a consultant and a client setting out the terms of the nature of the advisory services the advisor will provide); artist service contract (an agreement between a business owner or client and an individual to provide accounting or accounting services); and Child Care Services Agreement (an agreement between a childcare contractor/provider and an individual for the provision of childcare services). (a) a description of the services to be provided and their frequency; The court still questions the merits of the loan for its legal acceptance. For z.B. Therefore, where an employer has developed a particular software and the worker is aware of that software, it is legitimate not to use that software for another job. However, in unreasonable circumstances, a work obligation is not recognized as legal. Example: Sicpa India Limited against Shri Manas Pratim Deb, the claimant incurred costs in the amount of UNR 67,595 for training to the defendant.
For the same thing, a work obligation was enforced, under which the defendant had agreed to serve the complainant company for a period of three years or to make a payment of INR 200,000. The worker left the employment relationship within two years and, to implement the agreement, the employer was brought to court, which awarded the employer an amount of INR 22,532 to compensate for the worker`s infringement. It is important to note that, although the loan prelines a payment of INR 200,000 in compensation for breach of contract, the judge had taken into account the employer`s total cost and the worker`s service time when deciding on the amount of compensation. Since the defendant had already completed two years of service during the agreed three-year period, the judge divided the total cost of INR 67,595 borne by the applicant into three equal parts for a period of three years and awarded an amount of INR 22,532 as appropriate severance pay one year before the agreed period. . . .